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14-7195 - Clark, et al v. Suffolk County, et al


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14-7195 - Clark, et al v. Suffolk County, et al
March 20, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that the federal defendants' motions to dismiss plaintiffs claims against them are granted with prejudice, and the County's motion to dismiss is granted without prejudice. Plaintiff is given leave to replead his claims against the County consistent with Judge Shields's R&R. The amended complaint must be filed with the Court by April 24, 2017. Failure to file the amended complaint may result in dismissal of the case against the County with prejudice for failure to prosecute. Given the absence of a plausible federal claim at this juncture, the Court declines to exercise supplemental jurisdiction over the state law claims against the County. The Court certifies pursuant to 28 U.S.C.§ 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge Joseph F. Bianco on 3/201/2017. (Bollbach, Jean)cm by chambers to pro se by fcm on 3/20/17
March 8, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that the Court grants defendant's motion to dismiss the federal claims with prejudice and denies plaintiffs' omnibus motion. In addition, given the dismissal of the federal claims, the Court declines to exercise supplemental jurisdiction overany potential state law claims against defendant, and these state law claims are dismissed without prejudice. The Clerk of the Court shall enter judgment accordingly and close the case. The Court also certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. IT IS FURTHER ORDERED that defendant shall serve a copy of this Order on plaintiffs and file proof of service with the Court. Ordered by Judge Joseph F. Bianco on 3/8/2018. (Bollbach, Jean)